BILL NUMBER: AB 857	CHAPTERED  10/10/99

	CHAPTER   838
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 7, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999

INTRODUCED BY   Assembly Member Rod Pacheco

                        FEBRUARY 24, 1999

   An act to add Sections 1209, 1279, 1280, 1281, and 1302 to, the
Education Code, relating to pupils.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 857, Rod Pacheco.  County superintendents of schools.
   The California Constitution provides for the election or
appointment of a superintendent of schools for each county and
requires the county board of education to establish the salary of the
county superintendent of schools.
   This bill would prohibit a county superintendent of schools from
increasing his or her salary, financial remuneration, benefits, or
pension in any manner or for any reason without bringing the matter
to the attention of the county board of education for its discussion
at a regularly scheduled public meeting of the board and without the
approval of the county board of education.
   Existing law requires the county board of education to approve the
annual budget of the county superintendent of schools before its
submission to the county board of supervisors.
   This bill would prohibit the county superintendent of schools
from, in any manner, disposing of any item of personal property
belonging to the county office of education that is worth $25,000
without obtaining an independent valuation of the property,
advertising its sale, bringing the matter to the attention of the
county board of education for its discussion at a regularly scheduled
public meeting, and obtaining the approval of the county board of
education.  For disposal of property worth less than $25,000, the
bill would require the county superintendent of schools to certify
the value of the property in a quarterly report to be submitted to
the county board of education for its review.  The bill would require
a revision by the county superintendent of schools of the annual
budget of the county superintendent of schools in excess of $25,000
and a consultant contract for $25,000 or more that constitutes a
budget revision and is entered into by the county superintendent of
schools to be incorporated in the next interim financial report or
other board report when the report is submitted to the county board
of education for discussion and approval at a regularly scheduled
public meeting of the county board of education.
   Existing law authorizes the county superintendent of schools to
employ persons in various capacities.
   The bill would restrict the authority of a county superintendent
of schools to hire consultants.
   This bill would prohibit the county superintendent of schools from
increasing by $10,000 or more the salary or bonus of any employee of
the county office of education unless the matter is brought to the
attention of the county board of education for its discussion at a
regularly scheduled public meeting of the board.  The bill would also
prohibit the county superintendent of schools from increasing the
retirement benefits of any employee of the county board of education
unless the latter is brought to the attention of the county board of
education for its discussion at a regularly scheduled public meeting
of the board and the board approves the increase.
   This bill would impose a state-mandated local program by requiring
a county superintendent of schools to follow new procedures to
dispose of personal property belonging to the county superintendent
of schools and to make certain salary increases.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1209 is added to the Education Code, to read:
   1209.  A county superintendent of schools shall not increase his
or her salary, financial remuneration, benefits, or pension in any
manner or for any reason without bringing the matter to the attention
of county board of education for its discussion at a regularly
scheduled public meeting of the board and without the approval of the
county board of education.
  SEC. 2.  Section 1279 is added to the Education Code, to read:
   1279.  (a) The county superintendent of schools shall not in any
manner dispose of any item of personal property worth over
twenty-five thousand dollars ($25,000) that belongs to the county
office of education without meeting the following conditions:
   (1) Obtaining an independent valuation of the property.
   (2) Advertising the property for sale in a newspaper of general
circulation within the district, or, if there is no newspaper of
general circulation within the district, in any newspaper of general
circulation that is regularly circulated in the district.  The
advertisement shall be published for a period of time in accordance
with the policy of the county board of education.
   (3) Bringing the matter to the attention of the county board of
education for its discussion at a regularly scheduled public meeting.

   (4) Obtaining the approval of the county board of education.
   (b) The county superintendent of schools shall not in any manner
dispose of any personal property worth less than twenty-five thousand
dollars ($25,000) that belongs to the county office of education
unless he or she certifies the value of the property in a quarterly
report and submits that report to the county board of education for
its review.
  SEC. 3.  Section 1280 is added to the Education Code, to read:
   1280.  If a revision in excess of twenty-five thousand dollars
($25,000) is proposed by the county superintendent of schools to the
annual budget of the county superintendent of schools after the
county board of education has adopted the budget, the revision shall
be incorporated in the next interim financial report or other board
report when the report is submitted to the county board of education
for discussion and approval at a regularly scheduled public meeting
of the county board of education.
  SEC. 4.  Section 1281 is added to the Education Code, to read:
   1281.  (a) No county superintendent of schools may hire as a
consultant any entity in which he or she has a financial interest.
   (b) If the county superintendent of schools enters into a
consultant contract for twenty-five thousand dollars ($25,000) or
more and the contract constitutes a budget revision, it shall be
incorporated in the next interim financial report or other board
report when the report is submitted to the county board of education
for discussion and approval at a regularly scheduled public meeting
of the county board of education.
  SEC. 5.  Section 1302 is added to the Education Code, to read:
   1302.  (a) The county superintendent of schools shall not increase
by ten thousand dollars ($10,000) or more the salary or  bonus of
any employee of the county office of education unless the matter is
brought to the attention of the county board of education for its
discussion at a regularly scheduled public meeting of the county
board of education.
   (b) The county superintendent of schools shall not increase the
retirement benefits of any employee of the county office of education
unless the matter is brought to the attention of the county board of
education for its discussion at a regularly scheduled public meeting
of the county board of education and the county board of education
approves the increase.
  SEC. 6.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
